Divorced women with an illegitimate child and without family support are “likely to have to endure a significant degree of hardship” on return to Bangladesh, (para. 109) including social prejudice, discrimination, and difficulties finding housing and employment. However, such treatment and living conditions do not reach the high threshold of persecution under the Refugee Convention or inhumane treatment in reach of Article 3 rights of the ECHR.

Under Bangladesh’s Muslim Family Law, “the mother, or in her absence her own family members, has the right to custody (hizanat) of an illegitimate child”. (para. 110b) However, allegations of immorality proven in court may strip the mother of her rights.

A woman subjected to domestic violence may be denied effective state protection due to being a woman and may therefore face a real risk of persecution under one of the Refugee Convention reasons. Namely, “women in Bangladesh” as a “Particular Social Group” (PSG).

In light of the Country Guidance (CG) findings, the Upper Tribunal concluded that upon return to Dhaka the appellant would not face persecution or serious harm under the Refugee Convention. The appeal was dismissed on “asylum, humanitarian protection and human rights grounds under Article 3 of the ECHR”. (para. 130) However, the appeal was allowed on “human rights grounds under Article 8 of the ECHR”. (para. 130)